EmployEr’s obligation of safEty and nanomatErials

Abstract

Health and Safety law at work is influenced by the intervention of the European Union. The model of prevention
of occupational risks is set by the 1989 framework directive. The question of its applicability to nanomaterials
divides the Commission and the European Parliament. This model was welcomed differently by member states.
Employers are generally under an obligation to adopt best means to assure workers’safety, while French law
imposes an obligation to get results. This obligation concerns each aspect of the employement contract’s execution
and is analysed as an effective way to esure the prevention of occupationalrisks. Ifrisks associated with nanomaterials
seem to be taken into consideration by our system of worker protection, it seems however that prevention will be
difficult to implement